In the matters of Datalec Services Pty Ltd (in liq) and Ichor Constructions Pty Ltd (in liq) [2021] NSWSC 1183

In the matters of Datalec Services Pty Ltd (in liq) and Ichor Constructions Pty Ltd (in liq) [2021] NSWSC 1183

Leave to proceed against the defendants is granted nunc pro tunc because proceedings are defended by their insurers, will not burden the liquidation, and refusal would deprive the plaintiff of a remedy; limitations period and company insurance are crucial factors.

Jurisdiction
Australia
Judgment Date
06 September 2021
Procedural Posture
Application for Leave to Proceed Against Companies in Liquidation / Interlocutory Decision
Outcome
Leave granted nunc pro tunc to proceed against both defendants
Legal Topics
['leave to Proceed Against Companies in Liquidation' 'personal Injury' 'insurance' 'limitation Period']
['corporations'] ['leave to Proceed Against Companies in Liquidation' 'personal Injury' 'insurance' 'limitation Period']

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Procedural Posture

Application for Leave to Proceed Against Companies in Liquidation / Interlocutory Decision

Legal Issues

  1. 1 ['Whether leave should be granted under s 471B of the Corporations Act to proceed against companies in liquidation' 'Whether leave should be granted nunc pro tunc' "Whether the proceedings would interfere with the liquidators' work" 'Whether a limitation defence would unfairly bar the plaintiff’s claim']

Ratio Decidendi

Leave to proceed against the defendants is granted nunc pro tunc because proceedings are defended by their insurers, will not burden the liquidation, and refusal would deprive the plaintiff of a remedy; limitations period and company insurance are crucial factors.

Court Disposition

Leave granted nunc pro tunc to proceed against both defendants

Orders

  • ['Grant leave to plaintiff to file affidavit of Wesley Ranson affirmed 6 September 2021' 'Grant leave to proceed against Datalec Services Pty Limited and Ichor Constructions Pty Ltd (both in liquidation) nunc pro tunc under section 471B Corporations Act 2001' "Costs of plaintiff's motion filed on 10 August 2021 are...